Pasupathi v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2022

CORAM:

THE HON'BLE MR.JUSTICE DR.G.JAYACHANDRAN Crl.O.P.No.4712 of 2022 Pasupathi .. Petitioner Vs.

State rep. by The Inspector of Police, Veeranam Police Station, Salem.

(Crime No.21 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail concerned in Crime No.21 of 2022 on the file of the Inspector of Police, Veeranam Police Station, Salem.

For Petitioner : Mr.C.Prabakaran For Respondent : M/s.G.V.Kasthuri Additional Public Prosecutor

O R D E R

The petitioner, who was arrested for the offences punishable under Sections 392 and 397 of IPC in Crime No.21 of 2022, on the file of the respondent police, seeks bail.

2.The petitioner herein was arrested on 18.01.2022 on the complaint given by one Vellaiyan alleging that the petitioner herein at knife point threatened the defacto complainant with dire consequences and robbed cell phone worth about Rs.3000/- from him. Hence, the F.I.R was registered in Crime No.21/2022 for the offences under sections 392 read with 397 I.P.C.

3.Learned Additional Public Prosecutor appearing for the respondent submitted that there are six previous cases against the petitioner and he is a habitual offender.

4.Taking note of the fact that the cell phone has already been recovered and the petitioner is in prison for nearly 50 days, bail is granted to the petitioner and he is ordered to be released on bail subject to the following conditions;

(a) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate Court No.IV, Salem.

(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (c) the petitioner is directed to appear before the Investigating Officer daily at 10.30 a.m. until further orders. (d) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 07/03/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.IV, SALEM 2 THE CHIEF JUDICIAL MAGISTRATE SALEM(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, VEERANAM POLICE STATION, SALEM

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE SUPERINTENDENT, CENTRAL PRISON,SALEM CC to M/S.C.PRABAKARAN Advocate on payment of necessary charges CRL OP.4712/2022 Date :07/03/2022 RVR 08/03/2022